Consolidated Fruit-Jar Co. v. Wisner
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the Consolidated Fruit-Jar Company against Henry C. Wisner. From an interlocutory judgment, entered on a decision of the referee, directing defendant to account to plaintiff, defendant appealed. Transferred from First to Second department. The opinion of the referee is as follows: This action is brought for an accounting by defendant for his acts while and as president of the plaintiff.
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Appeal from special term, New York county. Action by the Consolidated Fruit-Jar Company against Henry C. Wisner. From an interlocutory judgment, entered on a decision of the referee, directing defendant to account to plaintiff, defendant appealed. Transferred from First to Second department. The opinion of the referee is as follows: This action is brought for an accounting by defendant for his acts while and as president of the plaintiff. It was commenced June 14, 1897. On February 2G, 1897, the defendant herein commenced an action in this court against the plaintiff herein. That former…
1Opinion of the CourtGoodrich, P. J.
The complaint contains allegations making this an action in equity to compel an accounting by the defendant for Ms acts while president of the plaintiff corporation. The defendant answered, and, among other defenses, set up as a plea in abatement the pendency of a prior action, the venue of which was; in the county of Monroe. The issues were referred to Thomas Allison, Esq., before whom stipulations were made so as to call simply for a decision of the question whether the plaintiff should have an interlocutory judgment requiring the defendant to account as to-matters alleged in the complaint.…
2Cases cited2 opinions
- Wisner v. Consolidated Fruit Jar Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Thorne v. Towanda Tanning Co.District Court, W.D. Pennsylvania · 1882
3Cited by1 opinion
- North American Co. v. LandisCourt of Appeals for the D.C. Circuit · 1936